173.02 DEFINITIONS.
   For the purposes of the enforcement of this chapter, the following definitions shall apply:
   (a)    "Administrator" means the Director of Community Development.
   (b)   "Board" means the Human Relations Board.
   (c)   "Discriminate" or "discrimination" means to separate or segregate persons in a particular manner solely or in part because of race, color, religion, sex, ancestry, handicap, familial status, national origin, or sexual orientation; provided that "discriminate" or "discrimination" shall not include special outreach efforts conducted by or under the authority of units of local government (including agencies, departments, and commissions thereof) or non-profit fair housing corporations or agencies to ensure that persons of minority groups are fully informed of, and have access to, available dwelling opportunities in areas of present or prospective majority group concentration, or to ensure that persons of the majority group are fully informed of and have access to available dwelling opportunities in areas of present or prospective minority group concentration.
   (d)   "Covered multi-family dwellings" means buildings consisting of four or more units if such buildings have one or more elevators, and ground floor units in other buildings consisting of four or more units.
   (e)   "Dwelling" means a building or structure, or part thereof, used or designed or intended to be used for residential purposes.
   (f)   "Familial status" means one or more individuals (who have not attained the age of 18 years) being domiciled with:
      (1)   A parent or another person having legal custody of such individual or individuals; or
      (2)   The designee of such parent or other person having such custody, with the written permission of such parent or their person;
      and shall apply to any person who is pregnant or is in the process of securing legal custody of any individual who has not attained the age of 18 years.
   (g)   "Housing for older persons" means housing:
      (1)   Provided under any State or Federal program that the Secretary of HUD determines is specifically designed and operated to assist elderly persons (as defined in the State or Federal program); or
      (2)   Intended for, and solely occupied by, persons 62 years of age or older; or
      (3)   Housing facilities where at least 80 percent of the units in the housing facility are occupied by at least one person 55 years of age or older, except that a newly constructed housing facility for first occupancy after March 12, 1989, need not comply with this requirement until 25 percent of the units in such facility are occupied.  Housing satisfies the requirements of this section even though:
         (A)   On September 13, 1988, under 80 percent of occupied units in the housing facility are occupied by at least one person 55 years of age or older per unit, provided that at least 80 percent of the units that are occupied after September 13, 1988, are occupied by at least one person 55 years of age or older.
         (B)   There are unoccupied units, provided that at least 80 percent of the occupied units are occupied by at least one person 55 years of age or older.
         (C)   There are units occupied by employees of the housing provider (and family members residing in the same unit) who are under 55 years of age, provided the employees perform substantial duties directly related to the management or maintenance of the housing.
         (D)   There are insufficient units occupied by at least one person 55 years of age or older to meet the requirements of this subsection, but the housing provider:
            (i)   Reserves all unoccupied units for occupancy by at least one person 55 years of age or older until at least 80 percent of the units are occupied by at least one person who is 55 or older; or
            (ii)    Where application of the 80 percent rule stated in this subsection (g) results in a fraction of a unit, that unit shall be considered to be included in the units which must be occupied by at least one person who is 55 or older.
   (h)   "Lending institution" means any bank, savings and loan association, insurance company, or other organization or person regularly engaged in the business of lending money, guaranteeing loans for profit, or otherwise providing financial assistance or insurance in connection with the purchase, sale or rental of dwellings.
   (i)   "Person" means one or more individuals, corporations, partnerships, associations, labor organizations, legal representatives, mutual companies, joint stock companies, trusts, unincorporated organizations, trustees, trustees in bankruptcy, receivers, or fiduciaries.
   (j)   "Purchase" means to obtain a dwelling through a sale.
   (k)   "Real estate agent" means a real estate broker or salesman, or a limited real estate broker or salesman, as defined in Section 4735.01 of the Ohio Revised Code.
   (1)   "Rent" or "rental" means to lease, sublease, assign, or otherwise grant or obtain the right to occupy a dwelling not owned by the occupant in return for consideration, or a contract or option to do any of the foregoing.
   (m)   "Sale" or "sell" means to convey, exchange, transfer, or assign legal or equitable title to, or beneficial interest in, a dwelling in return for consideration, or a contract or option to do any of the foregoing.
   (n)   "Solicit" or "solicitation" means any conduct by a real estate agent, or an employee or agent thereof, intended to induce the owner of a dwelling within the City to sell, rent, or list the same for sale or rental.
   (o)   "Unlawful discriminatory practice" means any act prohibited by Section 173.04 of this chapter.
   (p)   "Handicap" means, with respect to a person:
      (1)   A physical or mental impairment which substantially limits one or more of such person's major life activities;
      (2)   A record of having such an impairment; or
      (3)   Being regarded as having such an impairment; but such term does not include current, illegal use of or addiction to a controlled substance as defined in 21 U. S . C. Section 802.
         (Ord. 18-24. Passed 1-30-18.)